Tier 4 Complete Guide

Tier 4: (General) Student and (Child) Student

This informational page is regarding applicants who are resident outside the United Kingdom. It explains what you require to do if you wish to come to the UK either as an Adult (General) Student or (Child) Student under Tier 4 of the Points Based System

What is the new UK points based system?

According to the Home Office definition the New Points Based System (PBS) is a system for managing migration for those wishing to enter the UK for work or study. Tier 1 (General) Migrant of the Points Based System was launched for foreign nationals living in the UK on 29 February 2008 and replaced the Highly Skilled Migrant Programme (HSMP). On 30 June 2008 three additional sub-tiers were rolled-out and the programme was extended to include applicants resident overseas. The four sub-tiers are Tier 1 (General) Migrant, Tier 1 (Investor), Tier 1 (Entrepreneur) and Tier 1 (Post-Study Work). Tier 2 for Skilled Workers and Tier 5 for Temporary Workers and the Youth Mobility Scheme were launched worldwide on 27 November 2008. The first stage of Tier 4 (General) Student and Tier 4 (Child) Student rolled-out on 31 March 2009.

About age limits on (General) Student and (Child) Student?

The new Tier 4 (General) Student is for those people coming to the UK for their post-16 level education. Tier 4 (Child) Student is for children between the ages of 4 and 17 to come to the UK. Those aged between 4 and 15 may only be educated at independent fee-paying schools. candidates aged 16-17 level of studying on courses at National Qualification Framework level 3 or above have a choice of making an application either in the Tier 4 (General) Student visa category or the Tier 4 (Child) Student category. 16 and 17 year olds studying English language courses at level A2 of the Common European Framework of reference for Languages must apply under the Tier 4 (General) Student route. For any candidate under the age of 18, suitable arrangements must have been made for their travel, reception and care whilst in the United Kingdom.

Requirement of Sponsorship?

Yes, you must have need a sponsor. All applicants under Tier 4 (General) Student and Tier 4 (Child) Student need a sponsor. The sponsor is an education provider offering the applicant a place on a course of study in the UK. An education provider / sponsor after 30-March-2009 it will need to have registered with the UK Border Agency as a licensed sponsor. They will need to fulfill the requirement of tier 4 student visa category to help with immigration control. Rating of Sponsors will be depend upon when they join the to register. The Meaning of sponsor rating (A ‘B) is a transitional rating that the sponsor is working with the Home Office to improve their systems.

What is a Visa Letter?

Under Tier 4 an applicant must have a Visa Letter issued by a licensed sponsor (approved education provider) before making an application. This is a paper document which must be an official, unconditional offer by the sponsor to the applicant for the course of study he/she wants to do. It must be original, on letter-headed paper of the licensed sponsor and must include the original or electronic signature of an authorized official of that institution and dated. The Visa Letter should include all of the information detailed in the Tier 4 Guidance which should be given to the applicant to include with his/her visa application. (There is a separate list of requirements for the Visa Letter for postgraduate doctors and dentists). The letter must be issued no more than 6 months before the date of the application. An application which has a Visa Letter older than 6 months or where the letter does not include all of the mandatory information detailed in the Tier 4 Guidance will be refused. It is not guarantee for you after having a Visa Letter that your successful application as the applicant will still need to show they meet all the Immigration Rules requirements for the category. You may obtain several Visa Letters from different licensed sponsors, but you should only apply for entry clearance – with the one from your chosen institution. The others will automatically expire after being unused for 6 months. Visa Letters will later be replaced by an electronic reference number called a Confirmation of Acceptance for Studies (CAS), issued by the sponsor once the Sponsor Management System is implemented. The Sponsor Management System is the electronic system which licensed sponsors under Tier 4 will use to assign Confirmations of Acceptance for Studies (CASs).

click here for finding more about sponsorship

About pre-sessional (foundation) course under PBS?

Simply answer is yes, if your pre-sessional course is an intensive English language course or any other course related to groom enlih which prepares you for your original course of study in the UK. The course (Intensive English Course) must be related to the National Qualification Framework according their level 3 or level A2 of the Common European Framework of Reference for Languages (CEFR). Home Office will make a single grant of entry clearance to cover the pre-sessional course (Intensive English Course) and substantive course in the following conditions:

Where the same licensed sponsor is delivering both the pre-sessional course and the substantive course; or
Where a ‘partner institution’ will deliver the pre-sessional course and this partner institution is named on the sponsor licence.

In all other conditions, including where the sponsor is only prepared to make a conditional offer based on a successful completion of the pre-sessional course, a separate grant of entry clearance will be needed to cover the pre-sessional course. The pre-sessional course must meet the full requirements of the relevant Tier 4 category. Once that has been completed you may make a new application under Tier 4, and submit a Visa Letter for your substantive course, whilst you are in the United Kingdom.

Do I still need a visa if I have a Visa Letter?

Yes you will need it. All applicants who wanting to travel to the UK under Tier 4 System they will need prior entry clearance. With the submission of Visa Letter you will also need to submit entry clearance application with your visa letter. Remember that on any course where its length is 6 months or more, and for pre-sessional courses of less than 6 months, the candidate will be able to enter the UK up to 1 month before the date he/she starts education period. On any other course where its length is less than 6 months the applicant will be able to enter the UK up to 7 days before the date he/she starts the course of study. Home Office will take the start date as the date given by the sponsor on the Visa Letter. See also below under ‘How long will I be able to stay in the UK?’ A visa may only be issued on the behalf of an unconditional offer from your sponsor. For students applying to study A-levels only, an application will be accepted on the basis of a conditional offer whilst the applicant waits for their GCSE results. This will allow consideration of the application to begin. However, the applicant will need to submit an unconditional offer when they receive this, and the visa may only be issued on the basis of this.

How do I apply for a Tier 4 visa?

You should complete application form VAF9 with your personal details. Application Form – VAF9 Migrant guidance notes – PBS It’s will depend that where in which country you are applying, It is also necessary that you will need to complete Appendix 8 for (General) Student or Appendix 9 for (Child) Student. This will be available as a PDF document and must be completed manually and sent in with your supporting documents.

What do I need to make my application?

These following documents required to fulfill to make you application.

1. Application Form – VAF9 2. Migrant guidance notes – PBS 3. Appendix 8 (General) Student (all mandatory sections completed) 4. Appendix 9 (Child) Student (all mandatory sections completed)

You will also need the following:

Your passport or travel document;
The fee as published on the visa fees page on this website. This cannot be refunded and you must pay in local currency;
Your biometric details
A recent passport sized photograph (If the application is successful, the photographs provided will be reproduced on the visa vignette). (Please note – photographs should measure 45mm x 35mm and be: o in colour taken against a white background; o clear and of good quality and not framed or backed; o printed on normal photographic paper; o full face and without sunglasses, hat or head covering (unless it is worn for cultural or religious reasons but the face must not be covered).
All documents as specified in the Tier 4 Guidance as stated in the Immigration Rules. If you do not submit relevant documents, your application is likely to be refused as Home Office will be unable to award the relevant points.

Biometric details?

Biometric information are scans of all 10 fingers and a full-face digital photograph. You will must need to give your biometric details in person. The whole procedure should take biometric detail no more than 5 minutes to finish. Your visa application will not be processed until you have fulfilled this requirement. Look Here for more detail about Biometric data collection for make visa application

Procedure calculate the points system.

Licensed sponsor issued you a valid visa letter which is worth will be 30 points. In addition 10 points are awarded for fulfilling the Maintenance (Funds) requirement. Entry Clearance Officers (ECOs) will only award points where you have indicated that you wish to claim them, and for which you have supplied the required supporting evidence. Claiming Points for a Visa Letter Applicants can claim 30 points for a Visa Letter provided:

The Visa Letter meets all the requirements of the Immigration Rules; and
All the required specified documents have been included with the application.

Tier 4 (GENERAL) STUDENT Courses for which a Visa Letter may be issued

Sponsors must also make sure that their courses lead to an approved qualification at a minimum level of National Qualifications Framework (NQF) Level 3 (or equivalent) or above.

Full-time study in the United Kingdom

A Visa Letter should only be granted for full-time study in the UK. To be considered a full-time student, an applicant must be undertaking either:

A full-time UK degree level course or above at a Higher Education Institution; or
An overseas higher education course which is recognised as being equivalent to a UK higher education qualification at an overseas higher education institution; or
A course of study below United Kingdom degree level that engages a minimum of 15 hours per week organized daytime study (0800 hours to 1800 hours, Monday to Friday).

Students in the Tier 4 (General) Student category on courses of study at a minimum of NQF Level 3 or its equivalent are able to take course-related work placements English language courses Yes off course you can come to the UK to study an English language course. The minimum level of study is set at Common European Framework of Reference for Languages (CEFR) Level A2.

Higher education courses at overseas institutions

If you are enrolled on a higher education course at an overseas higher education institution, you can do a short-term study programme in the United Kingdom as part of your qualification. This is provided the qualification is validated as the same level or above as a United Kingdom degree by UK NARIC Postgraduate doctors and dentists You are also able to do a recognised Foundation Programme as a postgraduate doctor or dentist in the UK in the (General) Student category provided you meet all the requirements for the category. You must have successfully finished a recognised United Kingdom degree in medicine or dentistry from:

An approved education provider who has a licence to bring in students;
A United Kingdom publicly funded institution of further or higher education; or
An institution on the Department for Innovation, Universities and Skills list of recognised bodies or listed bodies list, which keeps satisfactory records of enrolment and attendance.

You must have been given permission to live in the UK as a student under the Immigration Rules in place before 31 March 2008 or as a (General) Student. This permission must have covered your final academic year and at least one other academic year of your studies leading to the above degree.

About Work placements

An applicant will be allowed to do a work placement as part of his/her course, as long as the work placement is no more than 50% of the length of the course e.g. it will be acceptable if the duration of course five years long and the first three years of your course include the course is five years long and the first three years of the course involve full-time study, with the last two years in a work placement. If a Visa Letter has been issued for a course which involves a work placement, your approved education provider will remain responsible for you throughout the period of the work placement and must continue to comply with all their sponsor duties throughout this time.

Tier 4 (CHILD) STUDENT

Tier 4 (Child) Student sponsors may only issue Visa Letters for courses that are:

taught in line with the National Curriculum; or
taught in line with the National Qualification Framework (NQF); or
accepted as being the same academic level as the National Curriculum or the National Qualification Framework by Ofsted (England), the Education and Training Inspectorate (Northern Ireland), Her Majesty’s Inspectorate of Education (Scotland) or Estyn (Wales); or
taught in line with existing (prevailing) independent school education inspection standards.

Claiming Points for Maintenance (Funds)

One of the requirements of Tier 4 is that an applicant coming to the United Kingdom must be able to support himself/herself for the entire duration of his/her stay in the United Kingdom without use of public funds. An applicant who is unable to do so could face financial hardship because he/she will not have access to most state benefits. You can demonstrate that you have the required maintenance either by providing evidence of official financial sponsorship or Government sponsorship, or that you have cash in a bank account or loan facilities. A combination of sponsorship and own funds is also acceptable.

What supporting documents should I include with my application?

You should include originals of all documents specified. They must be on the official letter-headed paper or stationery of the organisation and have the official stamp of that organisation. You should also provide a copy of each document. Where a document is not in English or Welsh, the original must be accompanied by a fully certified translation by a professional translator. This translation must include details of the translator’s qualifications and confirmation from the translator that it is an accurate translation of the original document. It must also be dated and include the original signature of the translator. You must show that you have held the money for at least 28 days. The end of that 28 day period must not be more than one month before the date of your application.If you do not provide the specified documents, Home Office will not contact you to ask for them. Therefore, if you fail to send the correct documents Home Office may refuse the application. You should provide full contact details for each document supplied. You should also provide any information/explanation of the documentation submitted, that may assist Home Office in our consideration.

The specified documents required for points scoring are as follows:

Visa Letter from a Licensed Sponsor

This must contain all the information specified in the Tier 4 Guidance and must be original, on letter-headed paper of the licensed sponsor and must include the original signature (original or electronic) of an authorised official of that institution and dated.

(GENERAL) STUDENT AND (CHILD) STUDENT AGED 16 OR 17 YEARS LIVING INDEPENDENTLY

You must send Home Office the documents you used to obtain the Visa Letter from the sponsor as listed in the Visa Letter. Where qualification certificates have been used as the basis of the offer or part of the basis of the offer Home Office must see the original certificate(s) of qualification and/or original transcript of results. If your course is at NQF Level 3 or equivalent or above and you have been assessed by the sponsor by other means: for example, references or a portfolio of artwork, this does not need to be submitted. The sponsor will need to explain in the Visa Letter how they have assessed you to be satisfied that you are suitable for the proposed course of study.

(GENERAL) STUDENT

If your course of study is English Language that is at Level A2 of the Common European Framework of Reference for Languages (CEFR) and you have been assessed by means of reference(s), you must provide the original reference(s) which must include your name, confirmation of the type and level of study undertaken and details of the period of study. References must also be dated and include contact details of the referee. If you are unable to provide the original reference, you must provide full contact details of the referee(s) who provided references to the sponsor as evidence of your English language studies.

Academic Technology Approval Scheme (ATAS) Clearance Certificate – (General) Students only

Please refer to the Tier 4 Guidance for directions on what to do if your intended study subject falls into one of the categories described.

STUDENTS UNDER 18 YEARS OLD

All students under 18 years old will need to get their parent(s) or legal guardian’s written consent to the care arrangements for their travel to, reception and care whilst in the United Kingdom, before permission to enter will be given. See the Tier 4 Guidance for details of what the written consent should include. 16 and 17 year olds have the legal right to live independently in the United Kingdom, and so make their own arrangements for accommodation. In these circumstances the letter should confirm that the parent(s) or legal guardian consent to the 16 or 17 year old living independently and also to their independent travel to the United Kingdom.

Maintenance (Funds) Visa Letter: Fees/Maintenance

Your Visa Letter must show the cost of the fees. This should also show what fees you have already paid, otherwise you should send an official, original receipt confirming some or all of the fees (and accommodation, if applicable) have been paid. Where neither of the above items have been sent Home Office will require secure access details to your sponsor’s (education provider’s) website to verify that some or all of the fees have been paid (these should be included within the Visa Letter content) and/or Home Office may contact your sponsor to verify the payment if Home Office are unable to access their website. If you are using a bank loan as your evidence, the bank must be regulated by an official regulatory body and you must provide a document from the bank confirming the loan. If you do not get the bank loan until you have your visa, you must provide the original document confirming the loan. You must show that you have enough money to pay your fees and monthly living costs for at least the first year of studies (or the length of your course if it is shorter than 9 months). Home Office cannot accept unsupported online receipts. Home Office will try to verify payments made online but if Home Office are unable to access your sponsor’s website or obtain verification Home Office will be unable to offset payments and the full maintenance and/or tuition fees must be shown. Home Office will use the closing balance of the document as the level of funds available to you. This is also the date Home Office will use to check the value of your money in pounds sterling.

(GENERAL) STUDENT AND (CHILD) STUDENT AGED 16 OR 17 LIVING INDEPENDENTLY: OWN FUNDS

This must be in the form of cash funds in the bank (this includes savings accounts and current accounts even when notice must be given, loan or official, financial government sponsorship available to you. Other accounts or financial instruments such as shares, bonds, pension funds, etc., regardless of notice period are not acceptable. If you wish to rely on a joint account as evidence of available funds, you must be named on the account along with one or more other named individual. If you have an offer of a bank loan confirmed that will be available on the issue of your visa, you must provide the original document confirming the loan. All evidence must be dated no more than one calendar month before the application is made and show that the money has been in your account for at least 28 days. The end of that 28 day period must not be more than one month before the date of your application.

If you apply before 1 June you will only need to show proof that you have the money needed, on the day that you apply. You must still provide the correct documents to support your application.

Overseas funds must be converted into pounds sterling so that Home Office can assess them. The official exchange rate Home Office use is the one produced by OANDA. You should use the exchange rate on the OANDA website for the date the document was issued. This is an independent website, for which Home Office are not responsible.

Only the following documents will be accepted as evidence:

Personal bank or building society statements;
Savings account/building society pass book/s;
Letter from your bank or building society;
Letter from a financial institution regulated by the home regulator (official regulatory body for the country in which the institution operates and the funds are located) confirming funds or loan.

Personal bank or building society statements

These should clearly show:

Your name/the name of a child’s parent(s)or legal guardian, if applicable;
Your account number;
The date of the statement;
The financial institution’s name and logo;
The level of funds available.

Ad hoc bank statements printed on the bank’s letterhead are allowed as evidence, but not if they are mini-statements from cash points. If you wish to send electronic bank statements from an online account they must have all of the details listed above. You will also need to send a supporting letter from your bank, on company headed paper, confirming the authenticity of the statements provided. An electronic bank statement bearing the official stamp of the bank will be accepted. This stamp should appear on every page of the statement.

Savings account/building society pass books

These should clearly show:

Your name/the name of a child’s parent(s)or legal guardian, if applicable;
Your account number;
The financial institution’s name and logo;
The level of funds available.

Letter from a bank confirming funds

These should clearly show:

Your name/the name of a child’s parent(s) or legal guardian if applicable;
Your account number;
The date of the letter;
The financial institution’s name and logo;
The funds held in your account;
That there is enough money in the account to cover your tuition fees and living costs.

Letter from a regulated financial institution confirming funds or loan

These should clearly show:

Your name/the name of a child’s parent(s)or legal guardian if applicable;
Your account number;
The date of the letter;
The financial institution’s name and logo; and either
The funds held in your account; or
The funds available to you as a loan.

(CHILD) STUDENT (OTHER THAN 16 OR 17 YEAR OLDS LIVING INDEPENDENTLY)

Child studying and boarding in a Residential Independent School

The applicant or parent/legal guardian must send:

The Visa Letter from the sponsor showing the cost of the fees for one year and any additional accommodation fees (if applicable) needed by the school; and
Evidence to show sufficient funds to pay tuition and boarding fees as described under (General) Student/(Child) Student aged 16 or 17 living independently

Child staying with a resident British citizen or other legal United Kingdom resident who is a close relative or in a private foster care arrangement

The applicant or parent/legal guardian must send:

The Visa Letter* from the sponsor showing the cost of the fees for one year and giving the name, address and contact details of the parent(s) or legal guardian of the child; and
A written undertaking* from the intended carer confirming the care arrangement; and
A letter* from the applicant’s parent/legal guardian confirming the care arrangement; and
Evidence* to confirm the intended carer is legally allowed to reside in the United Kingdom; and
If staying in a private foster care arrangement, a copy of the letter* of notification from the child’s parent(s), legal guardian or intended carer to the local authority and the local authority’s confirmation of receipt; and
Evidence to show sufficient funds to pay fees, as described under (General) Student/(Child) Student aged 16 or 17 living independently.

Child staying with a parent/legal guardian who will be accompanying them to the United Kingdom (under 12 year olds only)

The applicant or parent/legal guardian must send:

The Visa Letter from the sponsor showing the cost of the tuition fees for one year; and
Evidence to show sufficient funds to pay tuition fees and evidence of maintenance for parent/legal guardian and child for each month up to a maximum of 9 months. The evidence required for own funds is the same as for (General) Student and (Child) Student aged 16 of 17 living independently.

(GENERAL) STUDENT AND (CHILD) STUDENT

Official financial sponsorship or Government sponsor (for all or part of the fees and maintenance)

Only the following specified document will be accepted as evidence of an official financial sponsor or Government sponsor who will pay for ALL of your fees and maintenance and these must accompany your application: Letter of confirmation from the official financial sponsor or Government sponsor. The letter must be sent with your application and must be on official, letter-headed paper or stationery of the official, financial sponsor organisation and have the official stamp of that organisation on it. It must show:

Your name;
The name and contact details of the official financial sponsor;
The date of the letter;
The length of the sponsorship; and
The amount of money you have or a statement that your official financial sponsor will cover all of your fees and living costs..

If you have official financial sponsorship or Government sponsorship that only covers part of your money needed you must provide a letter which shows:

Your name;
The name and contact details of the official financial sponsor;
The date of the letter;
The length of the sponsorship; and
The amount of money they will give you; and
Evidence that you have the balance of any money needed.

If you are receiving official financial sponsorship from your Tier 4 licensed sponsor (for example a scholarship), your sponsor may choose to include details of the financial scholarship on the Visa Letter.

Additional evidence for sponsored students

If you had permission to be in the UK in the last 12 months as a student, Tier 4 Adult (General) or (Child) Student, student nurse, student re-sitting an examination, student writing up a thesis or postgraduate doctor or dentist, you may have been sponsored by a Government or international scholarship agency. If you are currently sponsored by one of those or that sponsorship ended within the past 12 months of this application being made, you must provide Home Office with your sponsor’s unconditional consent in writing giving you permission to re-enter the UK. Without this Home Office will refuse your application. The evidence must be original, on the official letter-headed paper or stationery of the organisation and bear its official stamp. It must have been issued by an authorised official of that organisation. If you have received private sponsorship, for example from an employer or relative Home Office do not need the sponsor’s consent.

Home Office will refuse your application if they find any documents are false.

Which are the Inner London Boroughs?

The Inner London Boroughs are Camden, City of London, Hackney, Hammersmith and Fulham, Haringey, Islington, Kensington and Chelsea, Lambeth, Lewisham, Newham, Southwark, Tower Hamlets, Wandsworth and Westminster.

How long will I be able to stay in the UK?

(GENERAL) STUDENT

If you are in receipt of official financial sponsorship and your sponsor places a limit on the period you may stay in the UK, the grant of leave will be limited in line with your official financial sponsor’s requirements.

Degree level or above

On a course of 12 months or more: the full length of the course plus 4 months after the end of your course;
On a course of 6 months or more, but less than 12 months: the full length of the course plus 2 months after the end of your course;
On a Pre-sessional course of less than 6 months: the full length of the course plus 1 month after the end of your course;
On a course of less than 6 months (non pre-sessional): the full length of the course plus 7 days after the end of your course.

Below degree level

On a course of 12 months or more: the full length of the course (up to a maximum of 3 years if you are 18 years old or above) plus 4 months after the end of your course;
On a course of 6 months or more, but less than 12 months: the full length of the course plus 2 months after the end of your course.

No further or subsequent grants will be made under Tier 4 (General) Student if you have already completed 3 years studying for courses below degree level since the age of 18, if you apply for further leave for below degree level courses.

Postgraduate doctors and dentists on a recognised foundation programme

Maximum of 3 years: the full length of the course (up to a maximum of 3 years) pus one month after the end of your course.

(CHILD) STUDENT

If the applicant is aged less than 16 years, we will grant the shortest of the following periods (up to a maximum of 6 years). If the programme of education is longer than 6 years, the applicant will need to apply again before their permission to stay runs out. In addition, 4 months will be added to the end of the course.
- The period requested by the applicant;
- The length of the programme of education that the applicant is following; or
- The maximum time a child is allowed (6 years).
If the applicant is aged 16 or 17 years, Homeoffice will grant the shortest of the following periods (up to a maximum of 2 years). In addition, 4 months will be added to the end of the course.
- The period requested by the applicant;
- The length of the programme of education that the applicant is following;
- Two years.
If the applicant turns 18 they can continue with their course until their permission to stay ends whilst they are still on a course. If the 18 year old wants to apply again for more permission to stay to finish a course, they will have to apply under the (General) Student category (the date of the application is used to decide the age), and meet the requirements for this category. If a child has official financial sponsorship, and their financial sponsorship is limiting the time they may study in the UK, the permission to stay will be for the same length of time.

Arrival in the UK

If you are doing a course that is 6 months or more, or if it is a pre-sessional course that is less than 6 months, you will be able to come to the United Kingdom up to one month before the date you start your course. If you are doing a course that is less than 6 months which is not pre-sessional, you will be able to come to the United Kingdom up to 7 days before the date you start your course.

Are any special care arrangements required for persons under the age of 18?

Yes. All children studying in the UK must have suitable care arrangements in place for their travel, reception at port of entry and living arrangements whilst here. ‘Children’ are all students under 18 years old. If you are 16 or 17 years old and applying as an adult student, you must have the written consent of your parent(s) or legal guardian that you can live and travel independently. Without this consent, you must make sure there are care arrangements in place. All arrangements for children’s care and accommodation in the UK must comply with relevant United Kingdom legislation and regulations. See the Tier 4 Guidance for further details and links to other Homeofficebsites.

Private foster care arrangements

Children (under 16 years old, or 18 years old, if disabled) are privately fostered when they are cared for on a full-time bass by adults, who are not their parents or a close relative, for more than 28 days. It is the responsibility of the parent, carer and anyone else involved in making the private fostering arrangement (including the approved education provider), to notify their local council of the private fostering arrangement. The local authority is responsible for safeguarding and protecting children. They must ensure that private foster carers are suitable and that they get any support and guidance they may need to help them care for the child. A close relative, parent or legal guardian cannot be a foster carer.

Can I appeal if my application is refused?

Outside the UK a refusal of entry clearance under PBS does not attract a full right of appeal. You can appeal only on one or more of the following grounds referred to in Section 84(1)(b) and (c) of the Nationality, Immigration and Asylum Act 2002:

that the decision is unlawful by virtue of Section 19B of the Race Relations Act 1976 (c.74) (discrimination by public authorities), and/or
that the decision is unlawful under Section 6 of the Human Rights Act 1998 (c.42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant’s Convention rights.

HoHomeofficever, all applicants can apply for an Administrative Review, which is a mechanism for reviewing refusal decisions.

What is Administrative Review?

If Homeoffice refuse your application for entry clearance and you think that an error has been made, you can ask Home Office to check our decision. This is known as an Administrative Review. The Administrative Review is free of charge. You must ask for an Administrative Review within 28 days from the date you receive the refusal notice (GV51). Administrative Review Request Notice PBS Administrative Review Request Notice guidance notes You must complete this in full and send it directly to the address stated on the Request Notice. You MUST NOT send any additional documents such as passport/travel document or supporting documents with the Administrative Review Request Notice. If the refusal is subsequently overturned, you will be asked to send in your passport/travel document. You may request only ONE Administrative Review per refusal decision. Any further review requests for the same refusal decision will not be accepted and will be returned to you. The Administrative Review will be completed within 28 days and you will be notified of the result in writing. The result of the Review may be sent from a different Post to where the original decision was made, to ensure that the Review is independent. If you are already in the United Kingdom you cannot apply for an Administrative Review. For more information about this you should refer to the Tier 4 Guidance.

Can I work whilst I am in the UK?

(GENERAL) STUDENT

Other than work placement as part of your course, which is restricted to no more than 50% of the full course length, any employment is restricted to part-time work during term time of not more than 20 hours per Homeofficeek and full-time work during vacations. The work you do must not fill a full-time permanent vacancy (other than on a recognised Foundation Programme). Work as a postgraduate doctor or dentist must be on a recognised Foundation Programme. You must not be self-employed, employed as a doctor in training (other than on a recognised Foundation Programme) or work as a professional sportsperson (including a sports coach) or as an entertainer. You may only hold a Student Union Sabbatical Officer position for up to two years.

(CHILD) STUDENT

Employment is not permitted for children under 16 years old. If you are 16 years old or older, you are allowed to work if is part-time work during term time (no more than 20 hours per week) and full-time during vacations. The work you do must not fill a full-time permanent vacancy. You may do work placement as part of your course, other than part time work during term time which is no more than 20 hours per week. You must not be self-employed, employed as a doctor in training or work as a professional sportsperson (including a sports coach) or as an entertainer. You may only hold a Student Union Sabbatical Officer position for up to two years.

Can my dependants join me in the UK?

(GENERAL) STUDENT

Your husband, wife, civil partner or eligible partner and children under 18 can join you as your dependants in the UK if:

they have a visa for this purpose and
you can support them without any help from public funds. If your primary site of study is in the Inner London Boroughs (see above), you will need £533 for each dependant accompanying you or joining you later in the UK, for each month they intend to be in the UK, up to a maximum of 9 months. You will need £400 for each month of stay for each of your dependants, if your primary site of study is outside the Inner London Boroughs.

Partners (married, unmarried, same sex) must intend to live together and the relationship must be subsisting. They must be maintained and accommodated in accordance with the section on Maintenance (Funds) and your partner must not intend to stay beyond any period of leave granted to you. If your dependent child is working full-time or earning enough money to support himself/herself, it is unlikely that he/she will qualify for entry to the UK as a dependant. Dependent children must also be able to demonstrate that they have not formed their own independent family, are unmarried and not leading an independent life. If a dependent child has previously been married or formed a civil partnership, or lived in a relationship that is similar to marriage or civil partnership, he/she will usually be considered to have formed an independent family and will not be eligible to enter the UK as the dependant of their parents. Although dependent children may seek employment whilst in the UK they must remain financially dependent on their parent to qualify as dependants.

(CHILD) STUDENT

Child students are not allowed to bring partners to the United Kingdom with them as dependants. Child students must also not have any children under the age of 18 who are living with them or for whom they are financially responsible. If a child student is married or has a partner who wants to come with them, the partner must make an application and qualify in their own right. This could be in another immigration category.

What do my dependants need to make an application?

Your dependants will need entry clearance but will not themselves be entering the UK under the Points Based System. They will need to satisfy similar conditions to those in Paragraphs 194-199 of the Immigration Rules which can be found on the UK Border Agency website. They will need to make their application using form online or on paper depending upon the facilities available in the country in which they are applying. They will also need the following:

their passport or travel document;
a recent passport sized photograph (if the application is successful, the photographs provided will be reproduced on the visa vignette) please note – photographs should measure 45mm x 35mm and be:
- in colour taken against a white background;
- clear and of good quality and not framed or backed;
- printed on normal photographic paper;
- full face and without sunglasses, hat or other head covering (unless it is worn for cultural or religious reasons but the face must not be covered)
the visa fee. This cannot be refunded and they must normally pay it in the local currency of the country where they are applying;
their biometric details;
supporting documents relevant to their application.

What supporting documents should my dependants include with their application?

Your dependants should include all the documents necessary to show that they qualify for entry to the UK as your dependant. If they do not, Homeoffice may refuse their application. As a guide, your dependants should include:

evidence of their relationship to you;
evidence that you can support them and live without needing any help from public funds; and
a copy of the pages from your passport/travel document showing your permission to stay, if you are already in the UK.

Homeoffice will refuse their application/s if Homeoffice find that any documents are false.

What fee will my dependants pay?

They will pay the same fee as you. What are public funds? Under the Immigration Rules, if you want to travel to the UK, you must be able to support yourself and any dependants without claiming certain benefits. source: www.ukvisas.gov.uk

Tier 4 Complete Guide